Mountain order

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King Wenceslas II gives the Kuttenberg mine its mining regulations.

As Bergordnung was earlier in mining a law to enforce the mountain shelf called.

Development and description

The sources, which we understand today as mountain order and which refer to themselves as order and statute, have been created since the middle of the 15th century. We have to distinguish them from medieval (custom) legal records such as the Trienter Bergordnung (1208), the Goslarer (1271), Iglauer (after 1270) and Freiberger Recht (older mining law after 1307, more recent mining law after 1346). The latter contain (private?) Records of customary mining law and cannot yet be regarded as laws. Only the Ius regale montanorum of King Wenceslas II of Bohemia shows - with strong reference to Roman traditions - the will to legislate. This law, which was probably intended primarily for the Kuttenberg mountain area, became the early forerunner of the early modern mountain regulations issued by the respective regalers for certain areas. The Constituciones et iura montana in Chastune (Gastein Mountain Regulations from 1342) , issued by Archbishop Heinrich von Pirnbrunn , the sovereign of Salzburg, were also a legal statute (for the Prince of Salzburg) regulating the mining industry. The Bavarian legal statutes of Rattenberg from 1463, whose scope extended over the lordships of Kitzbühel, Rattenberg and Kufstein, also belonged to the more important provincial mountain regulations. The scope of mountain regulations could be nationwide. In most cases, however, mountain regulations only applied to small areas if the owner of the mountain shelf was a territorial prince. Mountain regulations could also be restricted to individual mining towns or only to certain minerals . The early mountain orders in particular (e.g. for Schneeberg and Annaberg in Saxony) were only valid for a short time. In the middle of the 19th century , the mountain regulations were replaced by state-wide mining laws . This necessity can be illustrated by the example of Prussia , where, after the territorial gains through the resolutions of the Congress of Vienna of 1815, 50 different mining regulations were in force.

The content of a mountain order essentially consisted of the following parts:

This included detailed provisions on mining, the sovereign tithe , the establishment of the mining authorities and the privileges of the mining community .

If, for example, an ore prospector thought he had discovered a new deposit (passage), he had to officially secure the prospecting right from the responsible miner. The Schurf proved to be mineable, he appealed to the Mining Authority a presumption one. The miner checked this application through personal inspection, determined the dimensions and location of the pit, to which a plot of land (pit field) belonged as an accessory area. If there were no further suspicions of this vein, the new mine (pit, tunnel) was given a proper name , usually a saint's name , and a fee was charged. With the entry in the loan book, the award was final.

Due to the economic importance of mining for the owner of the Bergregal , which resulted from the tithe , he was very interested in a flourishing mining industry . Nagorno ailments such as flooding of mines, cave-ins due to faulty loss or spillage of programs to prevent, was the object of the mining authorities , the mines to have regularly visit (Befahrung) that continue to teach on any incidents. This form of mountain supervision, in which the mining authority also made decisions about mining, pit expansion (tunneling) , drainage, among other things, is also known as the management principle. In the course of the economic developments in the middle of the 19th century , this paternalism proved to be an obstacle, so that the principle of direction was abolished in the later mining laws and the mining offices were only limited to actual supervisory tasks.

Examples of mountain regulations and mountain privileges

Bavaria and Franconia

year Mining area title Decree by comment
1365 Fichtel Mountains Mountain freedom for Goldkronach Burgrave Friedrich V. Mining regulations for gold mining based on the Iglauer Bergrechts from 1248
1539 first mountain order for the principality of Bayreuth content strongly based on the Annaberg Bergordnung of 1509 (see Saxony); further comprehensive regulation by the Bergordnung of 1619 (remained in force until the Bavarian Mining Act of 1869)
1550 Fichtel Mountains New mountain freedom over the Fichtelgebirge Ore Mountains ( digital-sammlungen.de )
1575 Mountain freedom in the area of ​​the Hochstift Bamberg Veit II of Würtzburg Extension of a previous order by Weigand von Redwitz based on the Saxon model
1707 Instruction for the mining of Kupferberg

Bohemia and Moravia

year Mining area title Decree by comment
1248 Iglauer Bergrecht first written record of customary mining rights as privilege A and privilege B; Model for Freiberg mining law (see Saxony ); Basis for the mountain code " Ius regale montanorum " of King Wenceslas II , who reached South America via Italy and Spain
1280 Kuttenberger Bergordnung King Wenceslas II
August 8, 1518 Order of the praiseworthy mine in Sankt Joachimsthal Count Stefan Schlick so-called "Schlicksche Bergordnung"; almost literal adoption of the Annaberger Bergordnung from 1509 (see Saxony)
April 1, 1534 Mining contract between King Ferdinand I and the Bohemian Estates
September 26, 1541 Renewed mining regulations for the free, laudable Sankt Joachimsthal mine Brothers Hieronymus and Lorenz Schlick
May 8, 1542 Mountain regulations in the Hangenstein manor (Skály u Rýmarova) in Moravia Brothers Hieronymus and Lorenz Schlick
January 20, 1547 Letter of freedom for the mine in Rudolfstadt King Ferdinand I.
January 1, 1548 Tin mine regulations for Hengst , Perninger , Lichtenstadt , Platten , Gottesgabe , Kaff, Mückenberg King Ferdinand I.
January 1, 1548 Renewed Joachimsthaler Bergordnung ( Bergkordnung of the freyen royal mine Sanct Joachimsthal is like other surrounding and embedded silver mines ) King Ferdinand I. later applied in most of the Bohemian crown lands ( slub-dresden.de )
September 28, 1562 General pardon for the Moravia estates
September 18, 1575 Comparison of mines in the Kingdom of Bohemia between Emperor Maximilian and the estates of the Crown Böheim
February 15, 1577 Mining Regulations for Silesian and Lusatian estates Rudolf II.
February 15, 1577 Confirmed mining regulations and mountain freedom for the mountain town of Bohemian New Town Melchior Freiherr von Redern ( gmxhome.de ( Memento from April 22, 2006 in the Internet Archive ))
February 15, 1577 Mountain regulations and mountain freedoms of the Albrecht Duke of Friedland for the mines of Hohenelbe , Starkenberg , Arnau and other mines on his grounds Albrecht Duke of Friedland (Wallenstein) ( gmxhome.de ( Memento from June 20, 2006 in the Internet Archive ))

resin

year Mining area title Decree by comment
1271 Goslar mining law Duke Albrecht I the Great
around 1520 Zellerfelder Bergordnung
1524 Basically, mining regulations for the mines around and near Gittelde Heinrich the Younger is largely based on the Annaberger Bergordnung of 1509 (see Saxony)
1528 Mountain regulations for the mountain area around Sankt Andreasberg Count of Hohnstein contains elements of the Annaberg Bergordnung from 1509 (see Saxony) as well as the Bergordnung for Gittelde from 1524
1532 Mountain freedom for Zellerfeld
1554 Mountain freedom for Clausthal
1593 Princely Braunschweig Mountain Regulations for the Harz Mountains
1594 Mining regulations for mining in Elbingen regulates a monopoly on mining for the residents of Elbingerode; Modifications of 1620, 1664, 1694, 1847

Hesse

year Mining area title Decree by comment
1499 Richelsdorf Mountains Sontraer Bergordnung Landgrave Wilhelm II. oldest Hessian mountain order

Nassau-Weilburg

year Mining area title Decree by comment
1536 uniform mountain order for the entire imperial county Nassau-Weilburg Count Philip III.

Austria

year Mining area title Decree by comment
1408 Styria Schladming Mountain Letter Recording of local customary law by the Schladming city and mountain judge Leonhard Eggelzain; content influenced by the Trient mountain order; significant for the southern German mining industry
1427 Tyrol Mountain regulations for Gossensaß and Schwaz Duke Friedrich IV. goes back to the Schladming Mountain Letter of 1408
1447 Tyrol Mountain regulations for Schwaz Duke Siegmund slight modification of the mountain order for Gossensaß and Schwaz from 1427
1449 Tyrol Great Schwaz Mountain Regulations Duke Sigismund the Rich in Coin Succession plan for the Schladminger Bergbrief for Schwaz; comprehensive regulation of legal and economic relationships in Schwaz mining
since 1490 Tyrol Schwaz inventions Emperor Maximilian I. extensive legislation as the core of the early modern Schwaz mining law; was created between 1490 and 1513 in the course of meetings of the Schwaz miners; Mixing of older customary laws and younger sovereign regulations
1517 Mountain regulations for the lower and inner Austrian regions ( Austria , Styria , Carinthia , Carniola ) Emperor Maximilian I. based on elements of the Schladminger Bergbrief (1408) and the Schwaz inventions
1517 Mountain regulations for Upper Austria Emperor Maximilian I. based on elements of the Schladminger Bergbrief (1408) and the Schwaz inventions
1550 Bamberg Mountain Regulations was u. a. for the mining of Bad Bleiberg and Hüttenberg

Pfalz-Zweibrücken

year Mining area title Decree by comment
1565 Mountain regulations for the Principality of Zweibrücken Count Palatine and Duke Wolfgang ( digital-sammlungen.de )

Poland

year Mining area title Decree by comment
1368 Mining regulations for the Royal Salt Mines Wieliczka and Bochnia King Casimir the Great

Saxony

year Mining area title Decree by comment
around 1250 Freiberg district Freiberg mining law in writing from 1307 as Freiberg Bergrecht A, from 1346 as Freiberg Bergrecht B
July 1, 1448 Altenberg district Altenberger Bergordnung first draft of a tin regulation for the new Bernsteinschen mines (Altenberg) based on the customary law of tin mining in the area of ​​the Greifensteine (Geyer / Ehrenfriedersdorf); Further tin and mining regulations from 1451, from May 19, 1470, from 1489 (first mention of the name Altenberg), 1491, 1503, 1568 (new tin mining regulations from Elector August , remained in force until the shelf mining law of 1851)
1451 Greifenstein area ( Geyer , Ehrenfriedersdorf ) Mountain order Record of existing older common law; further Bergordnung from 1493 (Bergordnung for Geyer, Ehrenfriedersdorf and the Schreckenberg )
1466 Rules for the mines outside Freiberg first mountain order applicable to the Electorate of Saxony
1477 Schneeberger Revier Schneeberger Bergordnung first enactment of a mountain code for Schneeberg; further regulations 1479, 1486, 1487, 1490, 1491, 1492 (first Great Schneeberger Bergordnung), 1497, 1499, 1500 (new Bergordnung for the Schneeberger Revier), 1521
1490 Glashütte district Glashütte mountain regulations Duke George the Bearded first enactment of mountain regulations for glassworks; further regulations 1491, 1506 (letter of freedom as adoption of the Annaberger Bergordnung), 1545
February 11, 1493 Annaberg district Annaberg Mountain Regulations first enactment of a mountain order for Annaberg; further mountain regulations from 1499, 1503, 1507, 1509, 1542 (mountain regulations for Annaberg and Marienberg ), 1561 (tin regulations)
1499 Annaberg district Schreckberger Bergordnung first printed German mountain order
1503 Vogtland Voigtland mountain regulations issued for the mines in Auerbach ; further mountain regulations 1513 (for Oelsnitz , Lauterbach and Schönbrunn), 1517 (Voigtsberg mountain regulations)
1509 Annaberg district Annaberger Bergordnung Duke Georgs Duke George the Bearded first comprehensive mountain regulation in Germany; from 1511 applied to the entire Duchy of Saxony ; Model for further mountain regulations in some European mining areas
1516 Berggießhübel district Berggießhübeler Bergordnung Duke George the Bearded First enactment of a mountain order for Berggießhübel, supplemented by versions from 1538, 1541, 1546, 1564, 1570, 1583, 1594, 1614, 1660, 1666
around 1519 Marienberg district Order of the Drebach mine
September 12, 1521 Marienberg district Bergordnung Duke Georg von Sachsen for Marienberg Duke George the Bearded first mountain order for Marienberg after the city was founded on April 27, 1521 by Duke Heinrich
1529 Freiberg district Freiberg Mountain Regulations Duke George the Bearded corresponds to the Annaberg Bergordnung of 1509
1529 Liebethaler Bergordnung oldest mountain order for the extraction of sandstone in Saxon Switzerland
March 15, 1534 new Zinnbergordnung for Eibenstock and the Schwarzenberg forests Elector Johann Friedrich I. Eibenstock did not become electoral Saxon until 1533; further mountain orders 1542 (tin and hybrid order to Eibenstock), 1556
1534 Mountain regulations for the mountain town of Platten (Horní Blatna) Elector Johann Friedrich I. Platten did not come to Bohemia from Saxony until 1546
1554 first mountain order by Elector August Elector August
April 23, 1571 second mountain order by Elector August Elector August ( digital-sammlungen.de )
1575 Third Mountain Ordinance by Elector August Elector August
June 12, 1589 Saxon mountain regulations Elector Christian ( digital-sammlungen.de )
1621 Glashütte district Mining regulations for the Schmiedeberg vassal mining authority Hans Caspar von Körbitz

Silesia

year Mining area title Decree by comment
June 5, 1769 Revised mountain order before the Souveraine Duchy of Silesia and before the Graffschaft Glatz King Frederick the Great slub-dresden.de

Thuringia

year Mining area title Decree by comment
1575 Saalfeld Regulations Which […] Mr. Augustus […] Churfuerst […] Jn the guardianship of his […] young cousins ​​of […] Mr. Friderich Wilhelmen and Mr. Johansen Hertzieh zu Sachssen […] to promote the zu Salfeldt and others in jr Fürstlichen Graces Landen Berckwergen has publicized and let go out Elector August ( uni-halle.de )
1620 Kyffhäuser and Rothenburg Elector Saxon. Bergordnung of June 9, 1620 Elector Johann Georg I. ( Collection [...] )

Kurköln / Duchy of Westphalia

year Mining area title Decree by comment
1533 Electoral Cologne Mountain Regulations Elector Hermann von Wied
1534 Electoral Cologne Mountain Regulations Elector Hermann von Wied
1549 Electoral Cologne Mountain Regulations Elector Adolf III. from Schaumburg
1557 Electoral Cologne Mountain Regulations Elector Anton von Schaumburg
1559 Electoral Cologne Mountain Regulations Elector Gebhard von Mansfeld
1669 Electoral Cologne Mountain Regulations Elector Maximilian Heinrich of Bavaria

literature

  • Hermann Brassert (ed.): Mountain orders of the Prussian lands. Cologne 1858 ( digitalis.uni-koeln.de )
  • Hubert Ermisch: The Saxon mining law of the Middle Ages. Giesecke & Devrient, Leipzig 1887 ( archive.org )
  • Franz Johann Friedrich Meyer: Attempt of a history of the mining constitution and the mining rights of the Harz in the Middle Ages. Eisenach 1817 ( books.google.de )
  • Joseph von Sperges : Tyrolean mining history. Vienna 1765 ( books.google.de )
  • Aemil Steinbeck: History of the Silesian mining industry, its constitution, its operation. 2 volumes, Breslau 1857ff. ( Vol. 1 books.google.de)
  • Kaspar Maria von Sternberg : Outlines of a history of mining and the mining legislation of the Kingdom of Bohemia. 2 volumes, Prague 1836/38
  • Thomas von Wagner: About the Chursächsische mining constitution. Leipzig 1787 ( books.google.de )
  • Origin and orders of the Bergwerge in the Kingdom of Böheim Churfurstenthum Sachsen Ertzhertzogthum Osterreich Fürstenthumb Braunschweig vnd Luneburgk Graffschaffen Hohenstein in part until hero never went out in print everything with vleis brought together and what in each dealt can be found on the following sheet . In presentation by Henning Grossen dess Jüngern, Leiptzigk 1616 ( hathitrust.org ).

Individual evidence

  1. ^ Fritz Gruber : Salzburg Mountain Regulations. In: Author's Lexicon . Volume VIII, Col. 562-566; here: col. 562.
  2. ^ Rattenberger Bergordnung. In: Author's Lexicon . Volume VII, Col. 1046 f.